Sandeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19516 of 2018 Arising Out of PS.Case No. -172 Year- 2014 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Sandeep Yadav Son of Late Uday Yadav Resident of Village : Noniapur, P.S. Buxar (M), District : Buxar. At present Mitra Lok Colony, P.S. Buxar (M), District : Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Buxar (I) P.S. Case No. 172 of 2014 registered under Sections 302/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Five named accused persons are said to have gunned down the husband of the informant by hired killer over land dispute.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has committed no offence. He has been falsely implicated in the case. There is nothing in the record indicating the complicity of the petitioner in the occurrence

Patna High Court Cr.Misc. No.19516 of 2018 (3) dt.18-05-2018 2/2 barring confessional statement of co-accused Krishna Yadav. Moreover, said Krishna Yadav in his aforesaid statement has confessed the commission of the murder of the deceased by him and co-accused Sonu Verma while the petitioner was sitting on the motorcycle at that time, thus the petitioner does not happen to be the assailant of the deceased. Though several criminal cases are pending against the petitioner, but he has been languishing in custody for a quite long time since 24.09.2015 without any fault of his own.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Buxar in connection with Buxar (I) P.S. Case No. 172 of 2014.

(Prakash Chandra Jaiswal, J) Mishra/- U T